HF 4019
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/07/2026 01:59 p.m.
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A bill for an act
relating to natural resources; expanding eligibility criteria for Mt. Simon-Hinckley
aquifer appropriation permits; amending Minnesota Statutes 2024, section
103G.271, subdivision 4a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 103G.271, subdivision 4a, is amended to read:
Subd. 4a.
Mt. Simon-Hinckley aquifer.
new text begin (a) Except as provided under paragraphs (b)
and (c), new text end the commissioner may not issue new water-use permits that will appropriate water
from the Mt. Simon-Hinckley aquifer deleted text begin unless the appropriation is for potable water use, there
are no feasible or practical alternatives to this source, and a water conservation plan is
incorporated with the permitdeleted text end .
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(b) The commissioner may issue a new water-use permit to appropriate water from the
Mt. Simon-Hinckley aquifer for a first priority water use as described in section 103G.261,
paragraph (a), clause (1), if:
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(1) the commissioner determines that there are no feasible or practical alternatives to
this source;
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(2) a water conservation plan that incorporates best available water conservation
technology and practices is required in the permit; and
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(3) the permit is consistent with the requirements of sections 103G.255 to 103G.2991
and the general permit requirements of sections 103G.301 and 103G.315, as applicable.
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(c) The commissioner may issue a new water-use permit to appropriate water from the
Mt. Simon-Hinckley aquifer for irrigation of a growing crop, if the requested appropriation
is in Aitkin County, Carlton County, Chisago County, Isanti County, Kanabec County,
Mille Lacs County, Pine County, or Sherburne County and:
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(1) the commissioner determines that there are no feasible or practical alternatives to
this source;
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(2) a water conservation plan that incorporates best available water conservation
technology and practices is required in the permit;
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(3) the commissioner requires the installation and maintenance of monitoring equipment
to evaluate water resource impacts from the permitted appropriation under section 103G.282;
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(4) the commissioner requires an applicant to conduct an aquifer test as provided under
section 103G.287;
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(5) the permit is for the use of no more than 50,000,000 gallons per year;
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(6) the commissioner requires an applicant to test the water for the presence of
perfluoroalkyl and polyfluoroalkyl substances, nitrates, and pesticides after a water-use
permit has been granted; and
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(7) the permit is consistent with the requirements of sections 103G.255 to 103G.2991
and the general permit requirements of sections 103G.301 and 103G.315, as applicable.
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(d) The permit applicant is responsible for all costs related to the water quality testing
required under paragraph (c), clause (6).
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(e) For the purpose of this section, "growing crop" means an agricultural, horticultural,
or forest crop that has been planted or regularly maintained and intended for harvest. It does
not mean a permanent pasture, hay meadow, woodlot, or other noncrop area that contains
native or seeded perennial plants used for grazing or hay purposes and that is not harvested
on a regular basis.
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